ByteBuffalo
Well-known member
FBI Director James Comey Seeks Dismissal of Criminal Charges Citing Selective Prosecution
Former FBI director James Comey has asked a federal judge to dismiss the criminal charges against him, alleging that he was the victim of selective prosecution and that his US Attorney appointed by President Trump was unlawfully appointed. In a request filed on Monday, Comey's lawyers argued that the prosecution was driven by Trump's personal animus towards Comey and that career prosecutors had determined that there was not enough evidence to bring charges.
The charges, filed in September, relate to Comey's testimony before Congress in 2020, where he claimed he had never authorized someone at the FBI to leak information. The precise details of the alleged offense have not been made public, but Comey has pleaded not guilty and has forcefully denied wrongdoing.
Comey's lawyers claim that Trump's repeated public statements and actions demonstrate a clear "genuine animus" towards Comey, which they argue justifies dismissal of the case. They pointed to a 20 September post by Trump on Truth Social, in which he called for Comey's prosecution, as "smoking gun evidence" of the government's motives.
Career prosecutors in the Justice Department had previously determined that charges were not warranted against Comey, but the case was filed after Trump forced out the previous US Attorney in the eastern district of Virginia and installed a new one, Lindsey Halligan, who is a White House aide. Comey's lawyers argue that this move constitutes an unlawful appointment.
The indictment also mischaracterizes a question asked by Senator Ted Cruz during the 2020 hearing, which Comey's lawyers claim was focused on Andrew McCabe, not Daniel Richman, a friend of Comey's who is mentioned in the indictment. The lawyers argue that the indictment omits crucial details and misleadingly implies that the questioning related to Richman.
Furthermore, Comey's lawyers point out that career prosecutors found Daniel Richman unhelpful in their investigation into Comey and that John Durham, a special counsel appointed to investigate the FBI's inquiry into Russian meddling, did not uncover evidence to support charges against Comey.
Comey's lawyers also argue that Halligan was not lawfully appointed, citing the 120-day limit for interim US Attorneys and the fact that she does not appear to have met other exceptions that would allow her to continue serving.
Former FBI director James Comey has asked a federal judge to dismiss the criminal charges against him, alleging that he was the victim of selective prosecution and that his US Attorney appointed by President Trump was unlawfully appointed. In a request filed on Monday, Comey's lawyers argued that the prosecution was driven by Trump's personal animus towards Comey and that career prosecutors had determined that there was not enough evidence to bring charges.
The charges, filed in September, relate to Comey's testimony before Congress in 2020, where he claimed he had never authorized someone at the FBI to leak information. The precise details of the alleged offense have not been made public, but Comey has pleaded not guilty and has forcefully denied wrongdoing.
Comey's lawyers claim that Trump's repeated public statements and actions demonstrate a clear "genuine animus" towards Comey, which they argue justifies dismissal of the case. They pointed to a 20 September post by Trump on Truth Social, in which he called for Comey's prosecution, as "smoking gun evidence" of the government's motives.
Career prosecutors in the Justice Department had previously determined that charges were not warranted against Comey, but the case was filed after Trump forced out the previous US Attorney in the eastern district of Virginia and installed a new one, Lindsey Halligan, who is a White House aide. Comey's lawyers argue that this move constitutes an unlawful appointment.
The indictment also mischaracterizes a question asked by Senator Ted Cruz during the 2020 hearing, which Comey's lawyers claim was focused on Andrew McCabe, not Daniel Richman, a friend of Comey's who is mentioned in the indictment. The lawyers argue that the indictment omits crucial details and misleadingly implies that the questioning related to Richman.
Furthermore, Comey's lawyers point out that career prosecutors found Daniel Richman unhelpful in their investigation into Comey and that John Durham, a special counsel appointed to investigate the FBI's inquiry into Russian meddling, did not uncover evidence to support charges against Comey.
Comey's lawyers also argue that Halligan was not lawfully appointed, citing the 120-day limit for interim US Attorneys and the fact that she does not appear to have met other exceptions that would allow her to continue serving.